Study guides
Property Law
4 guides for this subject — how to prepare, what to practise, and how to know it has gone in.
A written answer, marked
A question from a property law mock paper, answered and marked. From Property Law Practice Questions: 8 Worked Examples.
An owner tells a relative, ‘This farm will be yours.’ The relative works on the farm for years for little pay, relying on that assurance. The owner later withdraws it. Advise the relative on a proprietary estoppel claim and remedy.
3/4The relative can argue that the owner gave an assurance about the farm and that they relied on it by working for little pay. That reliance caused detriment, so it may be unconscionable for the owner to go back on the assurance. The court can grant a remedy to address the equity.
The answer identifies assurance, reliance, detriment and unconscionability. It correctly avoids treating the promise as an automatic transfer of title.
Missed
−Apply the facts when discussing the remedy: explain why the promised farm may or may not be proportionate to the detriment and reliance.
Model answerThe relative can plead proprietary estoppel. The assurance must be sufficiently clear, and the relative must show reliance and detriment. The court considers whether it would be unconscionable for the owner to withdraw in light of all the circumstances. The relative’s years of work for little pay are evidence of reliance and detriment, but the precise facts matter. Any remedy is aimed at satisfying the equity and is not automatically the full promised farm.
Yours are written from your own notes, and the free plan needs no payment details.
Guides
- How to Study Property Law: A Practical GuideA practical method for studying property law: organise your syllabus, learn the rules, practise problem questions and review jurisdiction-specific authorities.
- Property Law Study Plan: A Practical Four-Week MethodA four-week property law study plan with focused sessions for building your outline, applying rules and revising weak areas.
- Property Law Flashcards: A Practical Study DeckStudy 18 common-law property principles with a ready-to-review flashcard deck, plus a method for adapting it to your jurisdiction and syllabus.
- Property Law Practice Questions: 8 Worked ExamplesTry eight property law practice questions on common-law principles, with worked answers and guidance on checking your local rules.
Studying property law? Build your property law board from your own notes — the cards, papers and lectures are written from it. Free plan: 20 cards, a paper, a lecture and a viva to try.
Start on MySummaries